FAPEFAPE Kathleen S. Whittier

Equal Protection Tests Rational Basis TestDoes the state have a rational basis for its actions? Is the state’s purpose legitimate with a reasonable relationship between groups and purposes? If the answer to the above question is yes, then the action is not considered discriminatory. Warren Era 3 QuestionIs the complaining party a member of a suspect class*? Analysis (Strict Scrutiny Test)Does the rights infringement involve a fundamental interest~? Can “discriminatory” actions be justified as having a compelling interest**~? If the answer to either question 1 or 2 is yes, courts use the rational basis test for review. If the answer to either question 1 or 2 is no, then the courts use strict scrutiny test. To meet the strict scrutiny review, the answer to question 3 must be yes. xpanded Warren AnalysisDoes the complaining party meet some of the characteristics Heightened/Middle-Tier Test) as a suspect class? If the person meets some of the suspect class criteria (e.g., sex) then use middle tier test which is more rigid than rational, but not as much as strict scrutiny. *A suspect class is a group who has experienced a history of discrimination based on inalterable characteristics such as race or national origin. ~*A fundamental interest is one guaranteed by the Constitution such as the right to vote. ~‘~A compelling interest is noted when a government’s action is necessary, not purpose.